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Preliminary Research on the Implementation of International Human Rights Laws and

Sustainable Development Goals (SDGs) on Traditional Cultural Practices in Kenya

Ayako Hatano1

1 Affiliation in Japan: Doctoral student at Graduate School of Arts and Science, The University of Tokyo (D3)

Host University: University of Nairobi (Kenya)

Period of field research: 9 – 26 February 2018.

Global Leadership Training Programme in Africa 2014

Activity Report of Field Research

Global Leadership Training Programme in Africa 2017

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I. Summary

English Summary

The objective of this study is to explore how society socializes international human rights laws and

Sustainable Development Goals (SDGs) into the domestic context with the examination of the laws on

cultural practices in Kenya and the interactions among the government, judiciaries, global and local civil

society and international organizations. In 2017, the United Nations Committee on the Elimination of

Discrimination against Women (CEDAW) showed in its concluding observation to the eighth periodic

report of Kenya (CEDAW/C/KEN/8) its concern on remaining “harmful practices”, including female genital

mutilation (FGM) recalling the Sustainable Development Goal 5.3 to eliminate all harmful practices. Kenya

enacted the Prohibition of Female Genital Mutilation Act (2011) after active public discussion on the

eradication of FGM in Kenya since the late 1990s. However, FGM continues to be practiced widely

especially in rural areas and is often justified as a cultural practice. This raises the question of why the

stringent legislation on the matter has not seen much success.

To respond to this question, this study examines the social and political background of the anti-FGM legal

framework and its implementation based on the field research. This report describes an overview of the

preliminary field research conducted in Kenya in February 2018 with support from the Global Leadership

Training Program in Africa (GLTP) of the United Nations University Institute for the Advanced Study of

Sustainability (UNU-IAS) and discusses preliminary findings from the field research. This research, entitled

“Preliminary Research on the Implementation of International Human Rights Laws and Sustainable

Development Goals (SDGs) on Traditional Cultural Practices in Kenya”, aimed to (1) identify key informants

and develop relationship with them for further indepth interviews and (2) examine the cases of FGM and

social background of the implementation of anti-FGM law, which led to examining the social and political

background of this development of domestic legal frameworks and social momentum for and against FGM,

as well as identifying the challenges in implementing the law to prohibit FGM. Data collection methods

adopted include community entries, identification of various key informants and key informants’

interviews (FGM survivors, lawyers, traditional leaders, Government officials, NGOs, and international

organizations) as well as the relevant documents reviews.

The pre-field research revealed that there are numerous differences in Kenyan society in reactions to the

anti-FGM regulation and its practice. Histories of external development support affect the people’s

respondents to the adoption of the law but at the same time, the different contexts in which FGM is

conducted and the economic development level of the place seem to affect to whether or not people

consider the total ban appropriate. Preliminary findings also indicate that, aside from development

interventions by external organizations, other critical factors have been contributing to the reaction of

local communities to the law, leading to different argument on FGM regulations.

This study, based on the intensive ongoing fieldwork of the author, will provide a solid example to explain

how international human rights work in practice and can inspire discussion on the effective

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implementation of the international human rights laws and development agenda in the context of the

conflict and reconciliation between local and global values.

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Japanese Summary

ケニアの伝統的な文化と慣習に関する国際人権法および持続可能な発展目標（SDGs）の実施に関

する予備調査

本研究の目的は、ケニアにおける女性器切除（FGM）に関する法律の検討を通して、社会が

国際人権法および持続可能な発展目標（SDGs）を、伝統的な文化と慣習をめぐる国内の状況に

おいて、どのように実現しているのかについて検討を行うことである。2017 年、国連女性差別

撤廃委員会は、ケニアの第 8 回定期報告に対する最終見解において、すべての有害な慣行を排

除するための持続可能な開発目標 SDG5.3 を引用しながら、女性器切除（FGM）を含む、残存す

る「有害な慣習」への懸念を表明した（CEDAW / C / KEN / 8）。ケニアでは、1990 年代後半以

降、ケニアでの FGMの根絶に関する活発な議論の後、女性性器切除禁止法（2011年）が制定さ

れた。しかし、FGM は、いまだ文化と伝統の実践として地方部で広く実践され続けている。そ

こで、FGM を厳しくとりしまる法律が出来たにも関わらず、なぜ同法はそれほど成功を収めて

いないのかという疑問が生まれる。

この質問に答えるために、本研究では、現場調査に基づき、FGM の法的枠組み発展に関する

社会的および政治的背景及びその実施状況について検討する。この報告書は、アフリカにおけ

る国連大学グローバルリーダーシップ研修プログラム（GLTP）の支援を受けて、2018 年 2 月に

ケニアで実施された予備的フィールド調査の概要を説明し、その結果について議論するもので

ある。「ケニアにおける国際人権法および持続可能な開発目標（SDG）の実施に関する予備調

査」と題された本調査は、FGM の法的枠組みとその発展の社会的および政治的背景、論点や課

題を検討するために、（1）主要な情報提供者を特定し、彼らとの関係を構築し、（2）FGM 禁

止法にかかる法的・社会的事例を調べることを目的としている。これらのこの主要なデータ収

集方法には、コミュニティに入り FGM の実施状況を調査すること及び様々な主要な情報提供者

の特定（FGM サバイバー、弁護士など法曹関係者、伝統的リーダー、政府職員、NGO、国際機

関）・彼らの個別インタビューの観察が含まれる。

本予備調査によって、FGM の規制とその実践に対して、ケニアの社会にはいまだ異なる意見

が対立しており、かつ、地域によって大きく違いがあることがあることが明らかになった。外

部開発援助の歴史は、法律に対する人々の対応に影響を及ぼしていると考えられるが、同時に、

FGM が実施されているさまざまな社会的状況や各コミュニティの経済開発水準が、人々が FGM

禁止をどのようにとらえるか、どのように実践するか・もしくはしないのかについて大きな示

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唆をもっている。予備的所見は、外部開発援助のみならず、様々な重要な要因が地域コミュニ

ティの法律への反応に寄与しており、FGM 規制に関する異なる議論につながっていることを明

確に示している。

この研究は、著者の進行中のフィールドワークに基いて、国際人権がどのように実践されて

いるかを説明するための実例を提供し、ローカルとグローバルの価値観の間の葛藤と和解とい

う文脈において国際人権法および開発アジェンダの効果的な実施についての議論に一石を投じ

るものである。

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II. Research Activity

1. Introduction

In its concluding observation (CEDAW/C/KEN/8) issued on 17 November 2017, the Committee on the

Elimination of Discrimination against Women (CEDAW) showed its concern regarding Kenya on remaining

practices which may harm women and girls, such as child and/or forced marriage, female genital

mutilation (FGM), which are often justified as a cultural practice (para.18). CEDAW, recalling joint general

recommendation No. 31 of the Committee and No. 18 of the Committee on the Rights of the Child (2014)

on harmful practices, and in line with Sustainable Development Goal 5.3 (eliminate all harmful practices,

such as child, early and forced marriage and female genital mutilation), to eliminate all harmful practices,

recommends that the State party should: “(a) Develop and implement a comprehensive strategy to

eliminate harmful practices and stereotypes that discriminate against women, including through

increased awareness-raising campaigns for community and religious leaders and the general public and

by effectively prosecuting and adequately punishing perpetrators; (b) Take immediate measures,

including severe sentences for perpetrators, to eliminate the harmful practice of child rape referred to as

“beading”; (c) Provide systematic training for judges, prosecutors, legal professionals, law enforcement

officials and medical personnel on the strict application of criminal law provisions to punish child and/or

forced marriage, FGM, child rape (so-called “beading”), and widow inheritance, and raise awareness

about the criminal nature of such practices and their adverse effects on women’s rights; (d)Ensure that

women victims of harmful practices can file complaints without fear of retribution or stigma and have

access to effective remedies and victim support such as legal, social, medical and psychological assistance

and shelters.” (para.19)

Particularly, with respect to FGM, Kenya enacted the Prohibition of Female Genital Mutilation Act (2011)

after the active public discussion on the eradication of FGM in Kenya since the late 1990s. In 1999, the

Ministry of Health launched a “National Plan of Action for the Elimination of Female Circumcision”,

particularizing the government’s commitment to ending the practice; shortly after, the president issued a

decree banning FGM and prohibiting government hospitals from performing FGM (FIDA 2009). This was

followed by the Children’s Act, passed in 2001, coming into force in 2002, the first law in the fight to

eradicate the practice. The Act made FGM illegal for girls under eighteen and imposed twelve months

imprisonment and/or a fine of up to KES 50,000 for breach of the law. And in 2011, the Prohibition of

Female Genital Mutilation Act not only criminalized FGM for underage girls but for everyone and, in a bid

to tackle social pressure, also banned the stigmatization of women who had not undergone FGM. The

2011 Act extended the powers of previous legislation, providing for the prosecution of those who perform

FGM and anyone aiding such a person or knowingly failing to report knowledge of such acts or pending

acts in Kenya or abroad. The 2011 Act made the punishment more severe than the 2001 Act, making it

three to seven years imprisonment or life imprisonment for causing death by performing FGM and a fine

of KES 200,000.

Many of the local and international organizations working to eradicate FGM in Kenya agree that the new

laws are a great step forward. However, FGM continues to be practiced widely especially in rural areas.

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CEDAW also reiterates its concern that this practice remains prevalent in some communities and the lack

of accurate data and relatively low level of prosecutions and continued impunity of perpetrators, as well

as reports that this practice is now being carried out by medical practitioners, referred to as the

medicalization of FGM. Then, Stringent legislation on the matter has not seen much success if such success

can indeed be measured by the number of prosecutions.

To respond to this question and concern, this study will examine the effectiveness of “the Prohibition of

Female Genital Mutilation Act” and debate over FGM in Kenya based on the theory of the socialization of

international legal norms and transnational legal processes to promote national obedience of

international human rights law (Koh 1999; Risse and Sikkink 1999; Goodman & Jinks 2004, 2008, 2013;

See also Merry 1999]. This study, based on the intensive ongoing fieldwork of the author, will provide a

solid example to explain how international human rights work in practice and can inspire discussion on

the effective implementation of the international human rights laws and development agenda in the

context of the conflict and reconciliation between local and global values.

2. Study Area

Koh (1996, 1997) called it a transnational legal process that public and private actors interact to

internalize the rules of transnational law. Subsequently, Koh (1999) claims that international human rights

law is not enforced just by nation-states but by people with a commitment to human rights through a

transnational legal process of interaction, interpretation, and internalization. Previous works of literature

including Risse and Sikkink (1999) also explored the stages and mechanisms through which international

norms and standards can lead to changes in domestic practice and political behavior. Goodman & Jinks

(2003) analyzed the mechanism to influence the behavior of states on implementation of the international

human rights law with a particular focus of “acculturation” as a process through which actors adopt the

beliefs and behavioral patterns of the surrounding culture and human rights cultures are built. Goodman

& Jinks (2013) also points out acculturalization as the important mechanisms for influencing state practice.

On the other hand, anthropologist Sally Merry (2009) proposed a concept of “vernacularization” on the

relationship culture, rights and gender, which she defines as “the process to convert universalistic human

rights into local understanding of social justice” In vernacularization process, a global idea of human rights

is adopted in different shapes by different actors in local communities.

A question raised here is if we could see “acculturalization” or “vernacularization” of the international

human rights laws in the development process of regulations on FGM. Based on this theory of the

socialization or vernacularization of international legal norms and transnational legal process, the study

will examine the background of the enactment of “the Prohibition of Female Genital Mutilation Act” and

other regulations on the FGM. The analysis includes examining of the social movement seeking to

eradicate FGM through awareness-raising among religious and traditional leaders as well as the general

public by claiming its adverse effect on the human rights of women. Also, it aims to examine how the

Prohibition of Female Genital Mutilation Act of 2011 is implemented in the judiciary to identify the

challenges to implementing the law to prohibit the harmful cultural practice. Also, it aims to examine how

the Prohibition of Female Genital Mutilation Act of 2011 is implemented to identify the challenges of

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implementing the law to prohibit the harmful cultural practice. The focus of the analysis in this study is

on the judicial decision on the practice as well as the experiences of NGOs and local communities. In

particular, the interaction between domestic public and civil society organizations and the UN including

its human rights bodies which urged the government to take legal measures to abolish “harmful” cultural

practice would be important to examine internalization of the international law and norms.

3. Methodology

As for methodology, as well as the desk review and analysis of related materials such as judicial decisions and policy papers, the study is based on in-depth socio-legal analysis with qualitative interviews of various actors including related international institutions, lawyers, not-for-profit organizations workers, and government officers as well as ethnographic observations. Those interviews and ethnographic observations are critical to see the norm internalization and social background of the FGM implementations which is a core of this research. The interviews were conducted mainly in Nairobi and some in a Maasai village the researcher visited. In addition to the analytical framework of law and development, this research employs the following primary research methods:

(1) Archival reviews and documentary-based Research The researcher successfully conducted archival research for records on rulings on FGM. Some valuable data, archival records, and policy documents from libraries in the university, research institutes, and governmental offices are collected as a result of the researcher’s search and inquiries. This first phase in Nairobi is very short and the researchers time for archival collection is limited but the researcher identifies many documents to be examined and analyzed .

(Left: The University of Nairobi; Right: With anti-FGM activist and gender researchers)

(2) Qualitative interviews

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The researcher conducted 23 in-depth interviews with FGM survivors, lawyers, civil society

organization workers, community elders, and government officials in Kenya, along with research

with Kenyan communities and aid agencies. The interviews were conducted in semi-structured

format and for about 1-2 hours each in English.

Actual Interviewees include the following law and development academics (the University of

Nairobi, UMA, Moi University, JSPS Nairobi Research Station etc.), legal professionals,

government officials (Kenya National Commission of Human Rights, Embassy of Japan at Nairobi),

domestic and international NGOs (Federation of Women Lawyers (FIDA), Child Doctor, Save the

Children), and international and intergovernmental organizations (OHCHR, UNFPA, UN Women,

UNDP, UNICEF, the International Development Law Organization etc.) as well as Maasai family

members and girls in the villages.

The questions asked depended on the informant but for example, they may include the following questions;

1. How the policy and legal reform against harmful practices happened? 2. What are the roles of international organizations, international human rights laws and

civil society organization in that transformation process? 3. How has legal reform and international development projects transformed the conducts

of “harmful practice” such as FGM? 4. Does the judiciary play a significant role in the implementation of the laws, if not, why? 5. Does the reform contribute to the advancement of women's rights? 6. What are the challenges to implementing the law to prohibit harmful practices? 7. Are SDGs gender indicators (Proposed Indicators: Percentage of women aged 20-24 who

were married or in a union by age 18, Percentage of girls and women aged 15-49 years who have undergone FGM/C) to assess the development project on harmful practice appropriate to promote women’s rights from international human rights law perspective?

8. How can we improve the gender indicators based on the lessons we have gained from the local and cultural context in Africa?

(3) Ethnographic Observations The researcher has observed legal aid centers and the workshops of the government on FGM, as

well as life of the Maasai family in which the researcher stayed for a night with interviews on

FGM. The researcher planned to conduct the study of the community in which FGM is still

conducted. Both of Maasai and Gusii people in Kenya keep the FGM practice. The researcher

could not visit a Gusii community this time due to the time constraint but did visit a Maasai

community in Kajiado County (See the map for the location of the village neat to Amboseli

national park). It took around 5 hours from Nairobi to the village of Maasai by car.

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(Map of Kenya)

(Interviews with Maasai community)

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(Interview with Maasai girl and visit to the rural primary school)

4. Research Findings

(1) Background and Implementation of the anti-FGM law

In the interviews with UNICEF and other relevant development organizations, the researcher obtained the

essence of the political and social background of the national and international advocacy against FGM

underlying the enactment of the Prohibition of Female Genital Mutilation Act (2011). They recognized the

legal development as a great achievement of the efforts of international and local advocacy but at the

same time the process was rapid and some of the possible deficiencies of the law were not fully addressed.

The researcher also conducted brief inquiries with the anthropologists conducting the field work in a

variety of places and ethnic groups in Kenya including Maua, Meru, Kajiad (where many Maasai people

live) and Gusii. All responded that FGM is still widely conducted in certain ethnic groups despite the anti-

FGM law, and because of the law, it has been becoming more difficult to conduct the research on FGM as

people are afraid of being accused under the law. A Maasai woman the researcher interviewed said she

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witnessed people in her community being arrested for practicing female circumcision and young Maasai

children nearly starved to death because their parents were sent to jail. Therefore, those people no longer

announce their circumcision ceremonies and take girls into hiding to be circumcised out of view of the

authorities.

On the other hand, Maasai women who experienced FGM and deliberation of four babies talked about

the tremendous pain she experienced. An anti-FGM professor also mentioned that FGM deprived of

women and girls of the joy of sex reflecting the patriarchal cultural tradition of Kenya. There is a

continuous awareness raising An 11-year-old Maasai girl interviewee who acts as an “anti-FGM

ambassador” in her community expressed her feeling clearly that she does not want to go through FGM.

It seems the way FGM is conducted is different depending on the ethnic group. For example, there is more

“medicalization” of FGM observed in Gusii people in which FGM surgery is conducted in a hospital, while

Maasai people conduct it in a more traditional way.

(2) The case to seek for legalizing FGM

There was a breaking news just a few weeks before my visit to Kenya. A Kenyan doctor is seeking to legalize

FGM and filed a case in court, arguing that a ban on the internationally condemned practice is

unconstitutional and that adult women should be allowed to do what they want with their bodies. The

medical doctor, Dr. Tatu Kamau from Gusii, also wants the Anti-FGM Board, which has been spearheading

the campaign against the practice, abolished.

Dr. Kamau said the outlawing of female circumcision is against the culture of many African communities

and should be reviewed. She said all females, especially adults, should be allowed to make choices

regarding their bodies without being restricted by legislation. Dr. Kamau added that if the cut was

legalized, women could have it done in a hospital. Dr. Kamau added that the term FGM is a “misnomer”,

a label given by Westerners who do not understand it, saying that female circumcision was part of African

cultural practices before the advent of colonialism and should not be criminalized. On the other hand,

gender lobbies have condemned the doctor. According to the interview, Federation of Women Lawyers

(FIDA) said the idea was retrogressive and enjoined in the case that has attracted attention. This

controversial case sparked a public outcry, with Kenyans across the board calling for the upholding of the

prohibition of FGM Act, 2011.

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(With Prof. Miriam, social worker and Maasai women at FIDA)

5. Discussion

There was a tremendous effort of various players including the government, the public, private sector,

civil society, the media and development partners to develop and implement the anti-FGM law and ensure

it achieves its objectives in ensuring female genital mutilation is wiped out. The act was effective in many

ways. For example, FGM prevalence has greatly reduced after a new act was introduced in the constitution

to outlaw FGM (According to the Kenya Demographic and Health Survey (KDHS), the prevalence of FGM

in women aged 15–49 is 21% in 2014 compared

to 27% in 2008/9).

However, this anthropological field research shows even more than 6 years after the enactment of the

anti-FGM law in Kenya, it seems there are still diverse discussions over FGM and way forward ending the

female cut. It should be noted that FGM is conducted in different ways and in particular, the

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medicalization of FGM in Gushii people may be one of the reasons why the Gushii doctor raised the

legalization of FGM in court.

There are many complicated issues intertwined around banning FGM including:

(1) Culture and Self-determination

The Doctor raises the question If women can decide to drink, to smoke, women can join the army, women

can do all sorts of things that might bring them harm or injury, and yet they are allowed to make that

decision. But there seems to be a different discussion between FGM and other issues. When it comes to

the cultural practice which may be difficult to refuse, we cannot simply say it is a matter of the self-

determination. Some Kenyan anti-FGM activists said the practice is and example of extreme violence

against women, further adding that consent should not be used to legalize FGM.

(2) Implementation of the law

After the enactment of the law, law enforcement agencies, including police officers and chiefs, have been

trained and empowered to arrest people who permit FGM in their homesteads. However, there are other

issues in the implementation of the anti-FGM law to address. Even though a lot of anti-FGM campaigns

have been created by NGOs and other institutions independently, people in remote areas have not heard

of Anti-FGM laws due to lack of information from media and other communication channels. Some people

with whom I conducted the interview mentioned that anti-FGM law cuses divisions in the family and

community when a person or child informs the police of the parent who let their children go through FGM.

In some cases, during the 7 years the parents were in detention, serious problems in the care and

protection of their children were reported. On the other hand, some said children go to the police saying

they are FGM survivors expecting to receive some economic benefits.

(3) Alternative way

The Anti-FGM board acknowledged the successes of World Vision’s anti-FGM programmes, including the

alternative rite of passage in the Samburu county. A rite of passage is a ritual that symbolizes an

individual’s transition from one status to another. Circumcision in Maasai culture marks the transition

from girlhood to womanhood, so in order to encourage people to move away from female genital cutting,

NGOs have developed an alternative rite of passage, in which the girl experiences all the elements of the

ceremony but is not cut to be recognized as a woman. As this example shows, to achieve the abolishing

of the cut, partnership and dialogue with communities, in addition to laws and education, is crucial in

eliminating FGM since it is a cultural issue. It should not be perceived as a threat to their culture from the

outside.

6. Conclusion

This field research in Kenya provided a reference to the local context and conditions that better explain

the dynamics among law, institutions, and existing political, social and economic conditions. This study

provides a solid example explaining how international human rights work in practice and can inspire

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discussion on effective implementation of the international human rights law to protect vulnerable people

from cultural practice with effective implementation of SDGs, particularly SDG5.3.

Thanks to the GLTP program and in-depth cooperation with local researchers and stakeholders, I was able to successfully conduct many interviews with lawyers, NGO workers, the government officers and Maasai community members. There would be synergies in conducting the cooperative project with those human rights and international law scholars in Africa as I could provide the knowledge and history of the development and gender in Asia. This preliminary field research concluded that there are diverse dimensions and challenges in the

implementation of the anti-FGM law as an internalization of international human rights norms,

particularly in the context of ethnic diversity and strong community values in Kenya. I intend to complete

data analysis for writing my doctoral dissertation and preparing for the next field work, communicating

with local supporters and supervisors. I believe this project will not only contribute to the deeper

exchange of ideas and values but also create co-working platform to develop good governance towards

an international society where people can live with dignity and in peace.

(with Prof. Mungai at the University of Nairobi)

Acknowledgment

I would like to express my sincere appreciation for the Global Leadership Training Programme in Africa,

Institute for the United Nations University Advanced Study of Sustainability (UNU-IAS) for tremendous

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and encouragement throughout the process from planning, fieldwork to follow-up. Also, I appreciate the

help of Professor Mitsugi Endo at the University of Tokyo who kindly assisted my application and research

planning by introductions to experts in African studies.

My appreciation further extends to academics and staff at the University of Nairobi who provided

extensive assistance for my work in Kenya. Special thanks to Professor David Mungai and all members of

the Wangari Maatai Insitute who provided insightful comments on my research as well as logistical

arrangements for my field work. Professor Mungai also kindly referred me to important experts in my

area of study including Dr. Caroline Marygorety Akinyi Otieno, gender and development specialist at the

University of Nairobi and Dr. Agnes Meroka at the University of Nairobi, School of Law. Dr. Akinyi gave me

wonderful insights into gender studies in the Kenyan context and opportunities to participate in her

classes as well as to meet with people relevant to my research. Also, Dr. Meroka was very helpful in giving

me insights for the research from a legal perspective.

Last but not the least, I would like to thank my wonderful family for their help and encouragement.

Without their consistent support, this research would not have been possible.

(Interview with Kenya National Commission on Human Rights)

References

Peggy Levitt & Sally Merry, Vernacularization on the Ground: Local Uses of Global Women's Rights in

Peru, China, India and the United States, 9 GLOBAL NETWORKS 441 (2009).

Harold Hongju Koh, Transnational Legal Process, 75 NEB. L. REV. 181 (1996).

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Harold Hongju Koh, Why Do Nations Obey International Law?, 106 Yᴀʟᴇ L. J. 2599, 2646 (1997).

Harold Hongju Koh, How Is International Human Rights Law Enforced?, 74 IND. L. J. 1397, 1406 (1999).

Ryan Goodman & Derek Jinks, How to Influence States: Socialization and International Human Rights

Law, 54 DUKE L. J. 621, 626 (2004).

Ryan Goodman & Derek Jinks, International Law and State Socialization: Conceptual, Empirical and

Normative Challenges, 54 DUKE L. J. 983, 998 (2005).

RYAN GOODMAN & DEREK JINKS, SOCIALIZING STATES PROMOTING HUMAN RIGHTS THROUGH INTERNATIONAL LAW

(2013).

Thomas Risse & Kathryn Sikkink. The Socialization of International Human Rights Norms into Domestic

Practices: Introduction, in The Power of Human Rights: International Norms & Domestic Change (Thomas

Risse et al. eds., 1999).

Appendix

My profile is shown as the Visiting Researcher at the Wangali Maatai Institute of the University of

Nairobi homepage:

http://wmi.uonbi.ac.ke/node/4019

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III. Reflection to the GLTP in Africa

My motivation to participate in this program came from my keen interest in the field of localizing human

rights norms and sustainable development goals in the context of each region, country, and community.

Though I have committed to the research on human rights and development building my academic

background in international law with the idea that international law is a universal framework,

international standards and rules will make no difference if not implemented in the local context

appropriately as “living law” that regulate everyday life of people (Ehrlich, 1936: 390). That idea led me

to focus on the reality of law enforcement related to human rights protection as well as examine the

conflict and reconciliation between international laws and local norms. To get a concrete idea of how

international laws and norms are implemented in local and domestic context, I need to have solid

information on the ground with the perspectives of the local experts. This is why I applied for the Global

Leadership Training Programme in Africa (GLTP) which would connect me to the experts in Kenya with

tremendous knowledge, network, experience, and insights.

Though the field research supported by GLTP, I did not only deepen my understanding about the reality

of human rights and gender situations in Kenya, but I also extended my network with notable scholars

and practitioners with a help of Professor Mungai who is the main supervisor at the University of Nairobi.

I faced several challenges especially in getting research permits from the government institute (NACOSTI)

and logistics arrangements, but I managed them with a great help from the University. Also, the security

situation in Nairobi is challenging but I was able to safely complete my fieldwork thanks to kind help and

advice from many supportive friends and mentors in Kenya. The data and stories obtained from the field

will serve as an indispensable foundation for my research. In addition, the academic and professional

network I gained in this trip will definitely last longer and contribute not only for my future research but

also for building up the intellectual network of researchers between Japan and Africa.

Again, I sincerely appreciate the GLTP program which motivated me to continue my research on this topic

for my dissertation, and I strongly believe that my experience at GLTP will help me further advance my

career as a researcher in the field of human rights, gender, and development in Africa. I am confident that

GLTP is one of the best opportunities to enhance a research career, and I highly recommend all graduate

students in relevant fields to apply for this wonderful program. I am also thankful for the GLTP fellows in

the previous and same year who gave me many insights for application, preparation for the trip and

follow-up too. I also hope this report will be helpful to future GLTP students in planing and conducting

their field research in Africa.